The Times, April 21, 1868

(Before thae MASmR of the ROLLS.) SAYERS V. STENT. This wvsa suitinstituted toascertain theforceto be given to an indenture executed in favour of Tom Sayers, the glhis't, in June, 1861, and a wiU executed by him in Mach, 18SM, to carry out some provisions of the same. It appeared that after the fight between Heenan and Sayers a esrn of about 3,OOOf. was saibscribed for the benefit of the latter, and settled to Sayers for life, then to his children, and, failing children, as he (Sayers) shoula by deed or will appoint, ayersdiedin 1865, andby his vill appointed the fund to thabenefit of twoillegitimate children, named Sarah and Thotas, the will statinegthathelefi nolegitimate issue. Threoecildren,however,cWaiming tobe the legitimateissueof TomSayers bySarabh, his wife,a;uatnaed respectively James Aldridge Sayers, Alfred AIdridge Sayers, and Charles Aid- ridge ;sayers, obtsined leave to attend the proceedings and prove their right to the fund, to the exclusion of the two illegitimate children named by Tom Sayers in his will. The claim of the Aldridge Sayers was resisted on the ground that they were not Tom Sayerssc cildrenao l,ete ei tnste or illeitimate, buttbhe children of a man named Aldridge, with whom .Mr Tom Savers was aleged to havo heen unduly familiar after her separation from Tom Savers. This, of conrse, raised the whole question as to the com- pleteness of the separation between Sayers and his wife duringthe time within which the parentage of these chil- dren couldespread over, and the question of such fact was directed to he tried bv oral evidence hefore the Master of the Rolls, as to whether there was or were any and what childaor cbildren ofThomas Sayers, in the decree in this case mentioned, living at the date of the indenture of June, 1868 or born afterwards, and when such child or children, if any,was or were respectively born, and whether any or which of them has or have sinwe died, and when. It should be mentioned that the two iflenitimate children named by Sayers in his will were ahildreZ born to him by the mother of the Aldridge Sayers claimants before he (Tom Sayers) married her; the whole of the claimants, therefore, both legitimate and illegitimate, being children of one mother. The evidence adduced, which wa principally that of women, was too low and nasty to set forth in detaiL H-is LonsDsui',after having listened with every attention to the evidence adduced before him, held that it was insnfficientto satisfy the Court that the separation between Tom Sayers and Sarah his wife had been so complete as to arelud hi bea eld the father of the three Aldridge Sayers-James, Zfred, andCharles-and that these three children must he held entitled to talce the fund in question under the traut and provisions of the deed of June, 18(31 in favour of the children of Tom Saver. Mr. Bigg"llay, Mr. Jessel, 3Ir. Southgate, Mr. Swanston, Mr. Chapman tarber, Mr. Bevir, lr. George Francis, and Mr. Joyce (of t-he comLmon law bar) appeared in the case. ROLTS' COURPT CHXC-R- APRi 20.

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